Methvin v. Fidelity Mutual Life Ass'n

Citations

• 6 Cal. Unrep. 332
• 58 P. 387
• 1899 Cal. LEXIS 1171

Syllabus

<p>Life Insurance—Delivery—Payment of Premiums.—A policy dated July 30th, calling for quarterly premiums, provided that it should not be binding until delivered and its first premium paid. It was not delivered, nor the first premium paid, until September 3d, and insured died in November following. Held, that the policy did not begin to run until September 3d, and was in force for three months thereafter, and hence was not forfeited for failure of assured to pay the quarterly premium, which would have been due October 30th, had the policy taken effect on the day of its date.</p> <p>Life Insurance.—Where a Policy Required Proof of Death to be made on blank forms furnished by the company, and declared that no action should be brought on it after one year from the date of insured’s death, without reference to the time of furnishing the proofs of the death, such requirements must be construed together, and, if failure to bring the action within one year was occasioned by the company's refusal to furnish the blanks required, it is not entitled to urge the limitation to defeat plaintiff’s recovery.</p> <p>Life Insurance.—Where a Policy Declared That Proof of Death should be made on blanks furnished by the company, and that no action should be begun after one year from assured’s death, without reference to the time of furnishing such proofs, the words in the limitation clause, “without reference to the time of furnishing proofs of death,” refer only to the time when proofs are furnished, and do not apply to a case where the making of proofs of death was prevented by the company’s refusal to furnish blanks.</p>